The Department of Health has ordered the suspension of the Chief Administrative Officer of the Corazon Locsin Montelibano Memorial Regional Hospital in Bacolod City for allegedly falsifying his daily time record.

The DOH has also directed him and six others to file counter affidavits for separate charges recommended against them.

Roland De Veyra, DOH Legal Service director, ordered Dr. Domingo Vega, CLMMRH chief, to implement a 90-day prevention order dated May 21 on Rey Melchor Bryan Baylon.

Baylon, who blew the whistle on the hospital's alleged anomalous purchases of oxygen, has denied falsifying his daily time records.

He questioned the timing of his suspension that he called harassment. Instead of acting on the anomalies he divulged, why is the DOH going after me? he asked.

Health Secretary Francisco Duque III said he issued the preventive suspension following the filing of a formal charge for alleged dishonesty against Baylon for entries in his daily time records.

A prima facie case for conduct prejudicial to the best interest of the service was also established against Nona Belvis Manzon, DOH 6 Support Management Division chief, for approving for payment the two daily time records of Baylon for the month of August 2006, by affixing her signature, knowing that there were discrepancies in the entries in the DTRs he submitted, Duque said.

Duque directed Baylon and Manzon to submit their written answers under oath 15 days after receipt of the formal charge dated May 21, and to state whether they elect to have a formal investigation.

De Veyra also ordered Vega, Baylon, Dr. Benito B. Bionat Jr. - Chief of Clinics, Loreto Abaño - Property and Supply Section chief, and Lucia Alarba, Alberta Gamboa, and Dr. Anthony Kho, members of the Pre-Qualification, Bids and Awards Committee of CLMMRH on October 2002, to submit counter affidavits to recommended charges against them.

The charges for alleged irregularities at the CLMMRH were recommended by a DOH Integrity Development Committee that conducted a probe on CLMMRH.

They were also asked to submit documentary evidence and sworn statements of witnesses.

Failure to comply will be deemed a waiver of the opportunity to present evidence and the Integrity Development Committee report will be evaluated based on available records on file, De Veyra said.

The IDC report said the issues are whether or not Vega, being in command of the CLMMRH, should be held accountable for the alleged inefficiency in hospital management and financial mismanagement resulting in the alleged delay in the procurement of medical supplies and medicines; and for unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular action which favors, or tends to favor, a particular bidder;

Whether or not Baylon should be held liable for unduly delaying the disbursement vouchers for the payment of the legitimate claims of CLMMRH suppliers; delaying without justifiable cause, the awarding of contracts beyond the prescribed periods provided for in the IRR; and unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular action which favors, or tends to favor a particular bidder; and Whether or not Bionat should be held liable for violation of RA 9184 (The Government Procurement Reform Act) and its Implementing Rules and Regulations and for violation of the GAA of 2003 and Sec 85, PD 1445, for entering into a contract without appropriation.

Bionat's lawyer Maphy Polvora said the DOH should specify what his client had violated so he can file the appropriate response.

He said the DOH has not provided any specifics.

Bionat has maintained that he did not commit any violations and had already explained his actions on the matter to then DOH Secretary Manuel Dayrit.

He was citing then audit findings regarding the failure of the BAC under him to strictly adhere to the provisions of Republic Act 9184.

In a letter to Dayrit on May 20, 2004, Bionat said the Commission on Audit sent the BAC a copy of RA 9184 only on Nov. 24, 2003 at which time they were following the provisions of Executive Order 40.

"How could we have possibly put to use RA 9184 early in 2003, the existence of which at the time we weren't even aware of?" Bionat said he asked Dayrit then.

He said nowhere is it mentioned in EO 40 or RA 9184 that the amount, volume, quantity of supplies, medicine, oxygen and reagent purchased is the BAC's responsibility. BAC's function ceases upon submission of results of the public bidding, he said.

The IDC probe team recommended the filing of appropriate charges and a formal investigation of Vega, Bionat Jr., and Baylon.

It also recommended the submission of its recommendations to the DOH-Legal Service for the determination of the extent of liability, if any of the CLMMRH Inspection and Acceptance Team and of Loreto Abaño, chief of the Property and Supply Section, for the inspection and acceptance of the oxygen delivered from 2002 to 2007.

Also recommended is the DOH-Legal Service determination of the extent of liability, if any of the Pre-Qualification, Bids and Awards Committee members, who signed together with Bionat and Vega, a certain Resolution (No. 3, series of 2002) awarding to CEGASCO and SIG the supply of Medical Grade Oxygen and Compressed Air for the period Jan. 1, 2003 to Dec. 31, 2003 based on a 2002 bidding and without an appropriation.*CPG

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